beta
Text
1. The sales contract concluded on April 24, 2018 between Defendant B and D concerning the real estate listed in the separate sheet was 90,64.
Reasons
1. Facts of recognition;
A. On July 24, 2015, the Plaintiff loaned a total of KRW 85,00,000 to D on July 24, 2015. The Plaintiff agreed to repay the amount of KRW 85,00,000 to D on July 24, 2018, deeming D to have come due on the date of retirement when D retires from a workplace where D was in office before the repayment date. (ii) D lost the benefit of time by retiring from a workplace where D was in office on April 16, 2018, prior to the said repayment date.
3) The Plaintiff filed an application for a payment order against D for the payment of the loan (Seoul District Court Decision 2018 tea285) with D, and on August 7, 2018, upon receiving a payment order stating that “D shall pay to the Plaintiff KRW 85,113,643 and delay damages for KRW 85,00,00 among them,” the said payment order became final and conclusive on August 25, 2018. 4) The amount of the Plaintiff’s loan principal and interest claim against D as at the date of the closing of the instant argument is the aggregate KRW 90,664,647.
B. D and Defendant B’s sales contract 1) D are the real estate listed in the separate sheet (hereinafter “instant apartment”) against Defendant B on April 24, 2018, following the due date for repayment due to the loss of the obligation owed to the Plaintiff by the due date.
2) The sales contract to sell 280,000,000 won (hereinafter “instant sales contract”).
2) On May 7, 2019, D entered into a contract and completed the registration of ownership transfer to Defendant B on May 7, 2019. 2) On the other hand, D had no specific property value other than the apartment of this case, which is 280,00,000, at the time of the instant contract, while D had a total of KRW 240,00,00,000, including the collateral security debt of KRW 149,271,384 with respect to E Union (hereinafter “E Union”) and the principal and interest debt of the Plaintiff, as well as KRW 91,449,287, were liable for KRW 240,00,00 with respect to the instant apartment transaction.
C. Defendant B’s sales contract 1) On May 7, 2019, approximately one year after the instant sales contract was concluded between the Defendants, Defendant B and the limited liability company C of the instant apartment company (hereinafter “Defendant C”).